EBOOK PUBLISHING TERMS

This Publishing Agreement is between the Customer and  Hillcrest Media Group, Inc. DBA Publish Green, 322 First Avenue N, Suite 500, Minneapolis, MN 55401 (“Hillcrest”). This Agreement covers the parties’ respective obligations regarding the formatting and distribution of the eBook edition of Customer’s book (the “eBook”), the title of which shall be provided by Customer.

These terms and conditions incorporate the General Terms and Conditions offered by Hillcrest Media Group.

1. DEFINITIONS

The following terms shall have the following meanings for purposes of this Agreement:

A. “Approval Date” is the first business day after the date on which Customer approves both the final formatting of his/her eBook.

B. “Approval Process” is when Hillcrest has completed the initial formatting of the eBook and has requested that the Customer review the final eBook.

C. “Commencement of the Publishing Process” is defined as (1) Customer’s submission of his/her manuscript (by uploading to Hillcrest Author Center), and/or (2) the passing of twenty (20) days since Customer executed this Agreement.

D. “Commencement of the Sample Chapter” is when Hillcrest begins formatting Customer’s Sample Chapter.

E. “Commencement of the Formatting Process” is defined by Customer approving the assessment and paying any additional formatting fees.

F. “DRM” (“Digital Rights Management”) is the practice of adding digital encryption to eBook files to prohibit copying.

G. “Images” are defined as charts, graphs, photos, illustrations, or any other material set apart differently from the text, which may not be considered images for printed book design purposes.

H. “Custom Images” are defined as Images that Hillcrest extracts from Customer eBook file.

I. “Maintain the Integrity of the Original Format” means that Hillcrest will ensure (1) that text that is meant to be bold or italicized renders as such in the eBook file(s), (2) that letters, phrases, and chapter titles are capitalized and otherwise uniform as in the submitted book, and (3) that the overall look and feel of the eBook is as consistent with the original print book as is possible.

J. “Conversion-Related Revisions” are defined as changes to the individual words, portions of words, or punctuation caused by the conversion process (i.e. if a word in the eBook file looks like “THis” as a result of the conversion, it would be fixed). Conversion-Related Revisions do not include editorial changes.

K. “Editorial Revisions” are defined as sentence re-writes, grammar and mechanical changes, reorganization of paragraphs, chapters, and images (photos, art, charts, graphics, or any non-text elements), as well as any changes to content or presentation that differ from the Customer submitted manuscript. Any Editorial Revisions that Customer wishes to make after Hillcrest has formatted Customer’s eBook will be billed at an hourly rate of $50 per hour, with a minimum fee of $50.

L. “Rush Formatting” is defined by the process of Hillcrest converting Customer’s original files into eBook files and designing the eBook to render as best as it can on various eReading devices within a reduced timeframe of seven (7) business days. Rush Formatting begins after Customer has completed the Assessment step of the Publishing Process.

M. “Formatting” is defined by the process of Hillcrest converting Customer’s original files into eBook files and designing the eBook to render as best as it can on various eReading devices.

N. “Enhanced Features” are defined as complex design elements in the interior of the source file that Customer uploads to Hillcrest during the Upload Manuscript step. Customer may purchase formatting for Enhanced Features during the initial order. Enhanced features include extensive bulleted, numbered, or lettered lists, extensive text formatting such as centered text or poetry, colored text, shaded backgrounds, sidebars, blockquotes, hyperlinks, and any other complex formatting which is subject to the discretion of Hillcrest. Images and footnotes are not considered Enhanced Features.

O. “Standard Layout eBook” is defined as any eBook which is formatted using Hillcrest’s Flowing Layout technology. Standard Layout eBooks are designed according to EPUB standards to have reflowable text, which can be manipulated by end-users.

P. “Sample Chapter” is defined as the front cover, front matter and first chapter—or first 10% of manuscript, whichever comes first—of a Standard Layout eBook, which Hillcrest formats as part of the Enhanced Features service. Hillcrest may, at its discretion, format a different portion of Customer’s book if Hillcrest deems it necessary to properly demonstrate enhanced features.

Q. “Review and Approval Process” is defined as the Customer's responsibility to review and approve all versions of the eBook files created by Hillcrest, including the Sample Chapter and final eBook files.

R. “Conversion-related errors” are defined as errors that occur during the initial eBook conversion (e.g. transposed letters, missing hyperlinks, or punctuation issues).

2. OWNERSHIP OF eBOOK

A. Ownership of eBook

Customer at all times retains 100% of all right, title and interest in and to the eBook and its contents, including all copyrights, trademarks, derivative rights, and other intellectual property associated with the eBook, including but not limited to all file formats Hillcrest is paid by Customer to create.

Customer derivative rights include but aren’t limited to: (a) translation rights; (b) abridgement rights; (c) serial rights; (d) merchandising rights; (e) stage, film, television, video, radio, and dramatization and documentary rights; (f) picture eBook rights; (g) print rights; (h) publication, sale and distribution rights in relation to the eBook and/or any part thereof in all editions and in all languages; (i) exploitation rights in relation to the eBook in any other form as may be invented in the future; and the right to sell, resell, license or re-license to anyone any or all of the foregoing.

At no time will Hillcrest ever release any proprietary information that is supplied by Customer for Formatting purposes, or use any proprietary information for promotional purposes.

At any time, Customer can download from Hillcrest all formatted files created by Hillcrest pursuant to this Agreement.

B. Title and Customer Information

Hillcrest may post pertinent information about Customer and the eBook on Hillcrest’s website  during the term of this Agreement. Such information may include the eBook’s cover, Customer name and photograph, description of the eBook and other related information. Customer reserves the right to have Hillcrest remove said information from Hillcrest’s website at any time.

3. TERMS OF THE AGREEMENT & TERMINATION

The Agreement shall continue until either party terminates pursuant to the terms set forth herein or until the Initial Term or any Renewal Term expires. The terms of this Agreement only cover the eBook publishing process. Other services from Hillcrest (e.g., eBook distribution) have separate terms and conditions, separate termination and expiration dates, and are governed by separate agreements.

The “Initial Term” commences upon the execution of this Agreement and continues for one (1) year from the date Customer’s Book data is submitted to any distributor (the “Submission Date”). Each “Renewal Term”, if any, commences upon the anniversary of the Submission Date each year.  

A. Termination by Customer

Customer may terminate this Agreement at any time and for any reason by providing written notice via email, fax, or certified mail, provided that if such notice is transmitted to Hillcrest via email, fax or Author Center, Hillcrest acknowledges receipt thereof from Customer.   If Customer terminates prior to the commencement of the publishing process, as defined in section 1(C), Customer shall receive a full refund of all monies paid. If Customer terminates after commencement of the publishing process, Customer will receive a refund as set forth in Addendum A to this Agreement.

Termination of any other services provided by Hillcrest are set forth in the terms and conditions for those services, under a separate agreement.

Customer acknowledges that if they request their eBook to be taken off sale from all Third Party Resellers’ sites after it has been submitted to Resellers, this constitutes as termination of services. If Customer requests that Hillcrest relist eBook files after termination, there will be a $199.00 reinstatement fee.

All refunds will be made by Hillcrest to Customer within 30 days after the notice of termination has been provided by Customer. Hillcrest has 10 business days from Customer written notice of termination to request removal of all online listings under Hillcrest’s control and make available to Customer through the Hillcrest website all of Customer’s paid for and completed eBook formats.

D. Termination by Publisher

Hillcrest may terminate this Agreement, the provision of any service hereunder, and publication of the Book with or without cause, for any reason and at any time, upon written notice to Customer.   In no event will Hillcrest be obligated to publish a book of any kind, including but not limited to those which, in its opinion, violate the common law or statutory copyright, the right of privacy of any person, contain libelous or obscene material,  and/or promote hate, violence, or illegal activities. If Hillcrest terminates the Agreement, Hillcrest will immediately refund all monies paid by Customer for services not yet commenced.

Hillcrest may elect to terminate this Agreement upon the expiration of the Initial Term or any Renewal Term. Upon such termination by Hillcrest, Hillcrest will update all original production files accordingly and will cease distribution and cancel listing of Customer’s eBook with Resellers (if applicable).

Hillcrest may terminate this Agreement if Customer owes Hillcrest any monies for additional services, distribution fees, or any other service (e.g., returns, cover revision fees, interior revision fees, etc.) and has not paid Hillcrest within ten (10) business days of receiving an invoice from Hillcrest either through the mail , email or via the Author Center.

4. SERVICES PROVIDED BY PUBLISHER

A.  Word/Image/Footnote/Page Count and Enhanced Features

1. Standard Layout eBook Creation

Includes formatting for up to 100,000 (one hundred thousand) words, 20 (twenty) images, and 20 (twenty) footnotes.

When Customer places his/her order for Standard Layout eBook Creation, Customer is responsible for reporting the word count, image count, and footnote count of Customer’s Book. When applicable, word, image and footnote counts that exceed the included amounts described above will be paid at time of order based on Customer’s reported numbers.

2. Enhanced Features

Customer who purchase Standard Layout eBook Creation may elect to purchase formatting for Enhanced Features. Enhanced Features are defined in section 1(N) above. Customer acknowledges that Enhanced Features will not be included in Customer’s eBook if this service is not purchased. If Customer purchases formatting for Enhanced Features, Hillcrest shall provide Customer with a Sample Chapter, as defined in section 1(P).

3. Assessment

Hillcrest will assess Customer’s manuscript for presence of images, footnotes, and Enhanced Features, as defined in section 1(N), during the Assessment process. Customer acknowledges that if Hillcrest finds Customer’s manuscript to exceed the reported word, image, page and/or footnote counts, Customer will be assessed additional formatting fees as set forth in Section 4(E). If Hillcrest finds that Customer’s manuscript requires formatting for Enhanced Features, Customer may either purchase formatting for Enhanced Features at the time of assessment, or Customer may remove Enhanced Features from manuscript prior to formatting.

B. Cover Upload and Sizing

If cover design service has not been purchased, Customer shall log in to his/her account in Hillcrest’s Author Center when prompted and upload a cover image. The cover image should be uploaded at the highest resolution possible, and must be a .jpg or .png only (JPEG is the preferred format). Hillcrest requires that Customer upload a cover image of at least 1400 x 1800 pixels for optimal display results and to meet the sizing requirements of Third Party Resellers. If the cover is less than 1400 x 1800 pixels, Customer acknowledges that Hillcrest may not be able to list resulting eBook with all Third Party Resellers.

Further, Customer acknowledges that Hillcrest will only use the front cover of Customer book for eBook publishing purposes. If Customer uploads an image file that contains the front, back, and spine of a book cover, Hillcrest will crop and resize as necessary. Hillcrest reserves the right to resize any cover submitted to ensure compatibility with eReading devices. If Customer does not have a front cover image or has not purchased cover design service from Hillcrest, Customer is not required to upload a cover file via Hillcrest’s website.  However, Customer acknowledges that his/her eBook will not include a front cover (i.e. will be text only).

Customer warrants that he/she has the unequivocal right, title and interest in the submitted cover, including the rights to said photos, artwork or other images on the eBook’s cover.

Customer understands and accepts that cover may not be visible on all eReading devices and/or may look differently on each device and may look differently than the original submitted book cover looks in print, and that Hillcrest has no control over how said cover image appears on each device.

Customer further acknowledges that Hillcrest has no control over whether any Reseller chooses to reject Customer eBook based on the cover. If for any reason a Reseller rejects Customer eBook for reasons relating to the content of Customer provided cover image, Hillcrest will notify Customer in writing and state the reasons as to why the cover was rejected, and request a new cover file from Customer.

C. Manuscript Upload and Interior eBook Formatting

When prompted, Customer shall log in to his/her account on Hillcrest’s website (“Author Center”) and upload his/her manuscript. If Customer is already published in print under any division of Hillcrest Media Group, Hillcrest may upload Customer’s most recent interior file. If interior is uploaded by Hillcrest, Customer will be required to log in to the Author Center and verify that the final version of his/her interior has been uploaded. Hillcrest accepts the following formats (for interiors): PDF, Microsoft Word, and Adobe InDesign.

After Customer’s manuscript and any associated files have been uploaded, Hillcrest will conduct an Assessment as described in Section 4(E). Customer acknowledges that the formatting process cannot commence until he/she pays any additional formatting fees incurred during the Assessment.

If Customer chooses to provide Hillcrest with a new manuscript after completion of the Upload Manuscript step, but prior to the commencement of full interior formatting, Customer acknowledges that a $50.00 re-conversion fee will apply.

Upon completion of the Assessment and payment of any additional fees by Customer, the eBook formatting process shall commence. Customer acknowledges that conversion-related errors may occur during the initial conversion and formatting of Customer’s eBook. Conversion-related errors are defined in section 1(J) above. Hillcrest will do its best to eliminate all conversion-related errors, but makes no guarantee that every error will be corrected during the rounds of formatting. It is ultimately the Customer's responsibility to review each version of the eBook file that Hillcrest produces and either send Conversion-Related Revisions via Hillcrest's Author Center or approve the eBook file.

Customer acknowledges that Hillcrest uses its best efforts to “maintain the integrity” of the original format of Customer’s book (as submitted initially by Customer), but cannot guarantee that the formatted eBook will exactly match the original format. Customer acknowledges that no eBook format will ever be identical to the printed and/or originally submitted version of Customer manuscript and that Hillcrest’s inability to make the interior of the eBook look exactly like the submitted version is not a breach of this Agreement.

It is Customer’s responsibility to review the entire eBook file prior to approving. Hillcrest will not be held liable if Customer approves an eBook file without reviewing the entire file in-depth and later discovers errors that Customer did not make known to Hillcrest at the time of approval.

1. Standard Layout eBook Creation

Standard Layout eBook Creation includes formatting of Customer’s eBook as a .mobi file (the format used by Amazon’s Kindle) and an .epub file (format used by Nook, iPad, iPhone, etc.).

If Customer chooses book editing services (per the terms set forth on Hillcrest’s website), Customer acknowledges that the book editing process will be completed prior to the Commencement of the Formatting Process.

Customer acknowledges that Customer’s Standard Layout eBook will render differently on different eReaders, and may look very different from one device to another, and that page count of Customer’s eBook will vary depending on the device used to read it. Additionally, Customer acknowledges that, while Hillcrest does its best to ensure that Customer’s eBook renders correctly on as many different devices as possible, there are currently no standards as to how said devices should render any particular eBook. Some may choose to ignore some or all of the eBook’s custom formatting. Customer also acknowledges that some formatting features in the eBook may not match the original format submitted by Customer if formatting for Enhanced Features is not purchased.

2. Enhanced Features and Sample Chapter

If Customer has purchased formatting for Enhanced Features, Hillcrest shall deliver a sample chapter format of the eBook interior to Customer prior to the Commencement of the Formatting Process. The sample format will consist of the cover image, front matter, and first chapter—or first ten percent (10%) of Customer’s manuscript—whichever comes first. Customer acknowledges that Hillcrest is not required to provide a full chapter as sample and may choose to instead provide first ten percent (10%) of manuscript at Hillcrest’s discretion. Hillcrest may choose to provide a different chapter for the Sample Chapter format, if Hillcrest deems this is necessary to properly demonstrate formatting for Enhanced Features. Hillcrest will provide said sample format within five (5) business days, or two (2) business days if rush is purchased, of Customer’s submission of required book information via the Author Center—including but not limited to ISBN information, title, author name, retail price, etc.— final manuscript, cover, and any interior images that Customer wishes to include in his/her book.

Customer acknowledges that it is his/her responsibility to log in to the Author Center upon email notification by Hillcrest and review the sample chapter. Customer may submit feedback on sample chapter, which Hillcrest will incorporate into the full interior formatting of the eBook; however, Customer may not request direct edits to the sample chapter or additional, revised versions of said sample chapter. Customer acknowledges that if formatting for Enhanced Features is purchased, the formatting process shall not commence until Assessment is complete, any additional fees incurred during Assessment have been paid, and the Sample Chapter has been approved. Upon Customer Approval of the Sample Chapter and payment of any additional formatting fees, the Commencement of the Formatting Process will begin.

At any time after Customer approves sample chapter, if he/she requests formatting-related revisions (e.g., chapter header justification) such changes will be billed at $50.00 per hour (minimum $50.00 charge).

If Customer has received his/her sample format, Customer acknowledges that he/she will not receive a second sample.

D. Image Formatting

Hillcrest will format Customer’s Images into the eBook during the Interior Formatting process. Customer acknowledges that, should Customer’s manuscript contain images, all images must be embedded into the manuscript submitted to Hillcrest for eBook formatting as well as uploaded as separate files during the file uploading process, in order to ensure the most accurate formatting. Further, images must be placed in the locations at which they should appear in the final eBook file(s) in order for Hillcrest to accurately assess image placement in eBook.  If Customer chooses not to follow this protocol, Customer acknowledges that the images in Customer’s eBook may not be placed properly during the formatting process, and should Customer desire Hillcrest to change image placement, an additional fee of $50.00 (fifty dollars) per hour may be incurred.

E. Assessment Process and Additional Formatting Fees

Customer shall be prompted to enter his/her word, image and footnote count to determine whether Customer’s eBook is subject to additional formatting fees at time of purchase.

Upon Customer’s upload of manuscript to Hillcrest Author Center, his/her manuscript will be assessed by Hillcrest staff to determine whether the word and/or image and/or footnote count(s) or page count are correct as entered by Customer upon placement of order, and whether formatting for Enhanced Features (if applicable) is required. Customer acknowledges that if he/she entered fewer pages, words, footnotes, and/or images than are present in Customer’s manuscript and said pages/words/footnotes/images exceed the amount included in the eBook Creation service, Customer will be notified by Hillcrest to pay the additional fees (described below).

Customer acknowledges that Hillcrest will complete the assessment within one (1) business day of receiving Customer file(s). If Customer is owed a credit (i.e. Customer miscalculated word and/or image count and overpaid for additional formatting fees), Customer shall be notified via email to log in and confirm said credit. Customer acknowledges that credits of $25.00 (twenty five dollars) or less will be recorded in Customer’s Hillcrest account and may only be used toward other Hillcrest services.

If Customer miscalculated the page, footnote, word and/or image count at the time of original order placement, and Customer owes Hillcrest additional formatting fees, Customer shall be notified via email to log in and pay the additional formatting fees. If Hillcrest finds that formatting for Enhanced Features, as defined in section 1(N) above, is required, Customer may either purchase formatting for Enhanced Features at the time of Assessment, or Customer may remove any Enhanced Features from his/her manuscript. Formatting will not commence until Customer has paid for any additional formatting fees.

Upon confirmation of credit or payment to Hillcrest, Customer shall be prompted to complete the Assessment step via the Author Center. If no credit/payment is due/owed by Customer, Customer shall be notified to log in to his/her account in the Author Center to confirm that the Assessment is complete. Customer acknowledges that formatting of Customer’s eBook will not commence until Customer has completed said Assessment via the Author Center.

If Customer does not want to pay additional page, word, image, footnote, and/or Enhanced Formatting fees, Customer’s order will be canceled, and Customer will be refunded all monies paid less $99.00 (as defined in Addendum A of this Agreement) which Customer acknowledges is a valid fee for Hillcrest’s time in assessing Customer’s manuscript for eBook formatting. Should Customer decide to recommence Hillcrest’s services for the same eBook (as originally submitted to Hillcrest) within six (6) months of the original purchase date of Hillcrest’s services, Customer shall receive a credit of $99.00, but Customer acknowledges that Hillcrest’s pricing and services offered may be different from those available at the time Customer originally purchased.

1. Additional Word Fees

Standard Layout eBook Creation includes the formatting cost for a manuscript containing up to 100,000 (one hundred thousand) words. If Customer’s manuscript exceeds 100,000 words, each additional word will incur a $0.0018 per word additional formatting fee. Example: If Customer uploads a manuscript and reports having 125,000 words, Customer will be subject to an additional formatting fee of $45.00. Final price and/or credit will be determined during the Assessment stage.

2. Additional Image Fees

All charts, graphs, tables, images, equations, formulas, or other non-text material in the Standard Layout eBook that are set apart differently from the text (collectively referred to as “Images”) are inserted into the eBook by Hillcrest. Standard Layout eBook Creation includes formatting for up to twenty (20) images. For all additional images/photos, the formatting charge is $3.00 (three dollars) per image, which must be paid to Hillcrest prior to the insertion of the images. Final price and/or credit will be determined during the Assessment stage.

3. Custom Image Fees

If Customer does not upload Images to Hillcrest in the required format, and Customer wishes for Hillcrest to extract images from Customer’s manuscript, Customer will be billed a “custom image fee” at $2.00 per image extracted.

4. Additional Footnote Fees

Standard Layout eBook Creation includes formatting for up to twenty (20) footnotes. For all additional footnotes, the formatting charge is $1.00 (one dollar) per footnote, which must be paid to Hillcrest prior to the insertion of the footnotes. Final price and/or credit will be determined during the Assessment stage.

5. Enhanced Features Fee

Upon upload of manuscript to Hillcrest’s Author Center, Customer’s manuscript will be assessed by Hillcrest staff to determine whether it contains Enhanced Features. Enhanced Features are defined in section 1(N) above, and may include blockquotes, complex lists, drop caps, color text, sidebars, and text boxes. If Customer’s manuscript is found to contain Enhanced Features, and Customer did not purchase formatting for Enhanced Features during the initial order, Customer may either pay $199.00 to include the Enhanced Features in his/her eBook or remove the Enhanced Features from his/her manuscript prior to interior formatting.

Customer acknowledges that his/her eBook will not be formatted to match his/her manuscript if Enhanced Features are not purchased, and manuscript contains enhanced features.

6. eBook to Word Conversion

If Customer wishes to obtain a Word document from their converted eBook files, Hillcrest will provide Customer with a Word document (.doc or .docx) within five (5) business days of Customer’s request and payment of conversion fee. The eBook-to-Word conversion fee is $50.00. Customer acknowledges that eBook to Word conversion is a reversal of the formatting process and the Word document that Hillcrest provides will not be formatted, edited, or print-ready.

F. Rush Formatting

“Rush Formatting” means that Hillcrest will format Customer’s full eBook interior in seven (7) business days from the date Customer approves Assessment, pays any additional formatting fees, and approves Sample Chapter, if applicable. If Enhanced Features are purchased, Sample Chapter will be formatted within two (2) business days from the date Assessment is complete. If Customer purchases Editing, Rush Formatting will not commence until after Customer has uploaded the edited manuscript to Hillcrest. Customer acknowledges that Rush Formatting constitutes only the initial formatting of Customer’s eBook and does not include time spent by Customer reviewing eBook files or submitting revisions. When Customer submits revisions via the Hillcrest Author Center, Hillcrest will make the Revisions in two (2) business days. Hillcrest reserves the right to extend the Rush formatting timeline if, for any reason, Customer’s eBook requires extra work.

If Customer has opted for any distribution service with Hillcrest, upon Customer’s approval of final formatted and revised eBook file, Hillcrest will submit Customer’s eBook within two (2) business days to the following applicable online retailers: Amazon.com, Apple iBookstore, and MyBookOrders.com (Personal Sales Page). Customer acknowledges that Hillcrest has no control over how long it takes said Third Party Resellers to make the eBook available for purchase. Submission to all other Resellers is subject to the standard submission timelines. See Section 6 of this agreement for more information on the Rush Publication Timeline.

In no event will Hillcrest be responsible for delays caused by circumstances beyond its control during the Rush Formatting process, including delays caused by Customer in submitting revisions, responding to Hillcrest’s requests, making changes, etc.

G. Revision Process

Customer shall log in to Hillcrest’s site after receiving notification from Hillcrest that the eBook is ready for review. Customer must download the .mobi file or .epub file and review the eBook on his/her computer or eReading device. Hillcrest requires that customer fully review all eBook files, as defined in 1(Q) above. Customer must enter all Revisions via the Hillcrest website. If Customer does not submit Revisions via the Hillcrest website, Customer acknowledges that Hillcrest may not be able to make the requested revisions and Hillcrest may ask Customer to resubmit revisions via the Hillcrest website.

Customer shall have three rounds of up to fifty (50) Conversion-Related Revisions and/or Editorial Revisions per round. Revisions are defined in sections 1(J) and 1(K) above.

Customer acknowledges that some Revisions may not be possible because of the limitations of eBook formatting and the way that eReading devices render content. If this occurs, Hillcrest will inform Customer of these limitations and suggest alternate methods of formatting.

After Customer has submitted his/her revisions via Hillcrest’s website, revisions to Customer eBook will be made within five (5) business days, at which time Customer will be notified to review and approve, or indicate that he/she has additional revisions. If Customer has purchased Rush Formatting, Hillcrest will make revisions within two (2) business days. Customer acknowledges that each set of Revisions is dependent on how long it takes Customer to submit them, and Hillcrest is not in control of Customer’s timeline for Revision submission.

Customer acknowledges that if his/her Revisions are Editorial in nature, Hillcrest will bill Customer at a rate of $50.00 per hour with a minimum fee of $50.00. Editorial Revisions are defined in section 1(K) above. Hillcrest will assess Customer’s submitted Revisions and, if Revisions are Editorial, will provide Customer with an estimate on the number of hours Revisions will take. Customer will be required to pay this fee, or Hillcrest will not make any Editorial Revisions to Customer’s eBook.

Customer acknowledges that if his/her submitted Revisions require extensive changes to the eBook file(s), are greater than the allotted amount (as defined in section 1(J) above) and/or are Editorial in nature, Hillcrest reserves the right to extend the Revision timeline in order to accommodate Revision requests, regardless of whether Customer has purchased Standard or Rush Formatting.

After Customer has approved eBook file (via Hillcrest’s website), but before Customer eBook has been submitted to any Reseller, any additional Conversion-Related Revisions and/or Editorial Revisions will be billed at $50.00 per hour, with a minimum fee of $50.00.

H. ISBNs

Hillcrest shall provide ISBNs for Customer’s eBook at no additional charge. Hillcrest shall provide unique ISBNs for both the .mobi and .epub formats of Customer’s eBook, unless Customer specifically requests to provide his/her own ISBNs. There is no credit or other discount for Customer’s use of his/her own ISBNs.

Customer acknowledges that ISBNs provided by Hillcrest are owned by Hillcrest and that should Customer cease Distribution through Hillcrest, Hillcrest will remove its ISBNs from files provided to Customer and Customer must not use Hillcrest ISBNs going forward.

 

5. PUBLICATION TIMELINE

 

If Hillcrest’s editing service has been purchased, Customer acknowledges that Publication Timeline cannot commence until final, edited manuscript has been approved and uploaded by Customer.

Customer acknowledges that Hillcrest reserves the right to extend the formatting timeline if, for any reason, Customer’s eBook requires extra work. If Hillcrest finds that the formatting timeline must be extended, Hillcrest will notify Customer in writing via email or the Hillcrest Message Center with a revised formatting deadline.

If Customer submits Editorial Revisions as part of the Revision process, whether Standard or Rush, Customer acknowledges that the Revision timeline may be extended at Hillcrest’s discretion. Further, any revisions that are highly extensive in nature or exceed the allotted number of revisions per round may result in an extended Revision timeline, at Hillcrest’s discretion.

In no event will Hillcrest be held responsible for delays caused by circumstances beyond its control during and before the Publication Timeline, including, but not limited to delays caused by Customer in completing steps when prompted, responding to Hillcrest’s requests, submitting Revisions, approving files, and/or the length of time it takes any Third Party Reseller to list Customer’s eBook.

Addendum A

Payment Plans and Refund Schedule

1. Payment Plans

A. Publishing Packages

Hillcrest offers payment plans for publishing packages as follows:

Orders totaling between $1,500 and $4,000: $500 down, then six (6) equal payments for the remaining balance over the next six (6) months.

Orders totaling $4,000 or more: $1,000 down, then six (6) equal payments for the remaining balance over the next six (6) months.

Any promotional discount codes are null and void if the payment plan option is chosen by the author for the Publishing Package.

Payment plans may only be used for the custom publishing package that Customer builds for his/her initial order. Payment plans may not be used for add-ons or stand-alone services that Customer may later purchase.

B. Financing Charge

Customer agrees that by utilizing a payment plan, a financing charge of five percent (5%) of the amount financed will be added to Customer’s order total to be paid as part of Customer’s monthly installments.

2. Commencement of Services Purchased Via Payment Plan

A. Publishing Package Services

Upon the initial down payment by Customer, Hillcrest will commence the services set forth in the Publishing Agreement for the specific services purchased.

Customer shall be invoiced on the first of the month, but no sooner than thirty (30) days following downpayment. For example, if Customer places downpayment on August 5, he/she will be invoiced on October 1. For first and all subsequent invoices, payment shall be due by the fifteenth of the month in which invoice is generated.

If Customer fails to make payment by invoice due date, the publishing process and all related services will be halted and Customer's account will be suspended until payment is made. Such interruption of the publishing process shall reset all timeframes for services that are ongoing at the time of nonpayment. Once Customer's account is current, work can resume, however services that were in process will have their deadlines reset. Customer acknowledges that account suspension may result in unforeseen delays to the publishing process and timeline depending on length of suspension. Customer shall be required to pay all overdue invoices in order to resume the publishing process. For example, if Customer has missed two monthly payments, both will need to be paid in order for Customer’s account to be current. Customer acknowledges that he/she will not be entitled to a refund of any kind so long as Hillcrest is willing to provide the publishing and related services.

B. Final Payment

Customer acknowledges that final payment must be made prior to approval of the final ebook files. If Customer has monthly installments remaining but has reached the file approval stage of his/her publishing process, he/she will be required to pay the remaining balance in full before Hillcrest can provide Customer with final files and/or list final ebook files for sale.

3. Refund Schedule for Publishing Packages

The refund schedule below is only for the base price of the publishing service. This is defined as "Ebook Publishing Base Plan" ($299). This does not include any other service, including, but not limited to marketing, editing, and distribution, etc.

While Hillcrest will attempt to render services that fulfill Customer's vision, Customer acknowledges that his/her dissatisfaction with any creative element is not grounds for any refund.

Customer acknowledges that any promotions or discounts offered by Hillcrest at any time, before or after Customer has purchased publishing services, must be applied during purchase of publishing services. Receiving a promotional offer after purchase of services or failing to apply a discount code at time of purchase are not grounds for any refund.